BAIL APPL. NO. 3763 OF 2025 1 2025:KER:26542 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 BAIL APPL. NO. 3763 OF 2025 CRIME NO.174/2025 OF Ernakulam South Police Station, Ernakulam PETITIONER/S: MILJO THOMAS AGED 31 YEARS S/O THOMAS, THUMPUNKAL VEEDU, VAZHARMANGALAM P.O., CHENGANNUR CHENGANNUR TALUK, ALAPPUZHA DISTRICT,, PIN - 689124 BY ADVS. AJITH MURALI MOHANAN M.K. RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,, PIN - 682031 2 THE STATION HOUSE OFFICER ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKUALAM P.O, ERNAKUALAM DISTRICT,, PIN - 682015 OTHER PRESENT: SR PP-HRITHWIK C S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 3763 OF 2025 2 2025:KER:26542 P.V.KUNHIKRISHNAN, J –------------------------------------- B.A. No. 3763 of 2025 -------------------------------------- Dated this the 27th day of March, 2025 O R D E R This Bail Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. 2. The petitioner is an accused in Crime No. 174/2025 of Ernakulam South Police Station. The above case is registered against the petitioner alleging offences punishable under Sec. 75(1)(iv) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Sec.120 (o) of the Kerala Police Act. 3. The allegation is that, with an intention to outrage the modesty of the defacto complainant, the petitioner made sexually coloured remarks against the defacto complainant on various occasions while she was demanding her educational certificate from the petitioner. It is further alleged BAIL APPL. NO. 3763 OF 2025 3 2025:KER:26542 that the petitioner also threatened the parents of the defacto complainant through mobile phone and thereby, committed the offences. 4. Heard counsel for the petitioner and the Public Prosecutor. 5. The counsel for the petitioner submitted that even if the entire allegations are accepted, no offence is made out. The counsel submitted that the only non-bailable offence is under Sec.75(1)(iv) of the BNS. The counsel submitted that the petitioner is ready to abide any conditions, if this Court grants him bail. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that no criminal antecedents is alleged against the petitioner, as per the report received by him. 6. This Court considered the contentions of the petitioner and the Public Prosecutor. Admittedly, the only non- bailable offence alleged is under Sec. 75(1)(iv) of the BNS. The maximum punishment that can be imposed for the offences BAIL APPL. NO. 3763 OF 2025 4 2025:KER:26542 alleged is below 7 years. Considering the facts and circumstances of this case, I think the petitioner can be released on bail, after imposing stringent conditions. 7. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement [2019 (16) SCALE 870], after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. 8. Recently the Apex Court in Siddharth v State of Uttar Pradesh and Another [2021(5)KHC 353] considered the point in detail. The relevant paragraph of the above judgment is extracted hereunder. “12. We may note that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or BAIL APPL. NO. 3763 OF 2025 5 2025:KER:26542 accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. (Joginder Kumar v. State of UP and Others (1994 KHC 189: (1994) 4 SCC 260: 1994 (1) KLT 919: 1994 (2) KLJ 97: AIR 1994 SC 1349: 1994 CriLJ 1981)) If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation we fail to appreciate why there should be a compulsion on the officer to arrest the accused.” 9. In Manish Sisodia v. Central Bureau of Investigation [2023 KHC 6961], the Apex Court observed that even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case. 10. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following directions: 1. The petitioner shall appear before BAIL APPL. NO. 3763 OF 2025 6 2025:KER:26542 the Investigating Officer within two weeks from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer concerned. 3. The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her BAIL APPL. NO. 3763 OF 2025 7 2025:KER:26542 from disclosing such facts to the Court or to any police officer. 4. Petitioner shall not leave India without permission of the jurisdictional Court. 5. Petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 6. Needless to mention, it would be well within the powers of the investigating officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663]. 7. The observations and findings in BAIL APPL. NO. 3763 OF 2025 8 2025:KER:26542 this order is only for the purpose of deciding this bail application. The principle laid down by this Court in Anzar Azeez v. State of Kerala [2025 SCC OnLine KER 1260] is applicable in this case also. 8. If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. The prosecution and the victim are at liberty to approach the jurisdictional Court to cancel the bail, if any of the above conditions are violated. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS